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No. 1 of Model Cases about Campus Violence Juvenile Courts Work Office of the Research Office of the Supreme People's Court: Case about Compulsory Insult Committed by Defendant Surnamed He et al.
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最高人民法院研究室少年法庭工作办公室发布10起校园暴力典型案例之一：被告人何某等人强制侮辱案
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No. 1 of Model Cases about Campus Violence Juvenile Courts Work Office of the Research Office of the Supreme People's Court: Case about Compulsory Insult Committed by Defendant Surnamed He et al.
最高人民法院研究室少年法庭工作办公室发布10起校园暴力典型案例之一：被告人何某等人强制侮辱案
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| No. 1 of Model Cases about Campus Violence Juvenile Courts Work Office of the Research Office of the Supreme People's Court: Case about Compulsory Insult Committed by Defendant Surnamed He et al. | | 最高人民法院研究室少年法庭工作办公室发布10起校园暴力典型案例之一：被告人何某等人强制侮辱案 |
| (1) Basic Facts | | （一）基本案情 |
| Around September 8, 2015, after hearing that the victim surnamed Wang (15 years old, student) abused her and her friends, defendant surnamed He (16 years old, student) was determined to teach Wang a lesson. Around 15:00 on September 11, 2015, by getting together defendants surnamed Shen (16 years old, female, student), Xie, Cai, Lu, Zhou, and Zhang and other four persons, He asked Wang out to a grove in the downtown of Yuyao City and beat up Wang by kicking, slapping, and pulling hair. During this period, Cai and Zhang left the scene one after another. Before long, defendants surnamed Yu (16 years old, female, student), Lu (16 years old, female, student), and Sun (handled in a separate case) came to the scene. Yu beat up Wang by slapping. Afterwards, Lu and Sun took off Wang's pants and Yu humiliated Wang by using a tree branch to prick Wang's private part. Some persons present took photos and filmed the aforesaid activities and uploaded the videos of beating and humiliation to the Internet, which have caused execrable social impacts. | | 2015年9月8日左右，被告人何某（16周岁，女，在校学生）因听闻被害人王某某（15周岁，女，在校学生）骂自己及其朋友后决意教训王某某。2015年9月11日15时许，被告人何某在放学后纠集被告人沈某某（16周岁，女，在校学生）及谢某某、蔡某某、鲁某某、周某、张某某等10余人将被害人王某某约至余姚市区的一处小树林，后采用脚踢、扇巴掌、拽头发等手段对被害人王某某进行殴打。期间，蔡某某、张某某先后离开现场。不久，被告人余某某（16周岁，女，在校学生）、陆某某（16周岁，女，在校学生）、孙某（另案处理）来到现场，被告人余某某以扇巴掌形式对被害人王某某进行殴打，后被告人陆某某及孙某以脱被害人王某某裤子、被告人余某某以树枝戳被害人王某某隐私部位等手段对被害人王某某进行侮辱，期间部分在场人员对上述行为进行拍照、摄像，并将殴打视频及侮辱视频发送到网上流传，造成了恶劣社会影响。 |
| (2) Judgment | | （二）裁判结果 |
Upon trial, the People's Court of Yuyao City held that: defendants surnamed He, Shen, Yu, Lu, and Sun committed compulsory insult of a girl by violent means after gathering a crowd and their acts have constituted a crime of compulsory insult. When committing the crime, defendants surnamed He, Shen, Yu, and Lu was under 18 and they were juveniles. Defendants surnamed He, Shen, Yu, Lu, and Sun voluntarily surrendered themselves, truthfully confessed to their separate crimes, and voluntarily plead guilty in the court trial, which were voluntary surrenders. After the case was exposed, family members of defendants surnamed He, Shen, Yu, Lu, and Sun made economic compensation to the victims and obtained the victim's forgiveness. In accordance with the relevant provisions of the Criminal Law of the People's Republic of China, it was determined that defendant surnamed He should be sentenced to a fixed-term imprisonment of one year and six months for committing a crime of compulsory insult; defendant surnamed Yu should be sentenced to a fixed-term imprisonment of one year and four months for committing a crime of compulsory insult; defendant surnamed Shen should be sentenced to a fixed-term imprisonment of one year with a suspended execution of one year for committing a crime of compulsory insult; defendant surnamed Lu should be sentenced to a fixed-term imprisonment of one year with a suspended execution of one year for committing a crime of compulsory insult; and defendant surnamed Sun should be sentenced to a fixed-term imprisonment of two years with a suspended execution of two years for committing a crime of compulsory insult. After the judgment was pronounced, no appeal was filed by either party and the judgment has come into force.
．．．．．． | | 余姚市人民法院经审理后认为，被告人何某、沈某某、余某某、陆某某、孙某结伙聚众以暴力方法强制侮辱妇女，其行为均已构成强制侮辱罪。被告人何某、沈某某、余某某、陆某某犯罪时年龄未满十八周岁，均系未成年人。被告人何某、沈某某、余某某、陆某某、孙某主动投案并如实供述自己的罪行，又在庭审中自愿认罪，均系自首。案发后，被告人何某、沈某某、余某某、陆某某、孙某的家属已对被害人进行了经济赔偿，并取得了被害人的谅解。依照《中华人民共和国刑法》有关规定，认定被告人何某犯强制侮辱罪，判处有期徒刑一年六个月；被告人余某某犯强制侮辱罪，判处有期徒刑一年四个月；被告人沈某某犯强制侮辱罪，判处有期徒刑一年，缓刑一年；被告人陆某某犯强制侮辱罪，判处有期徒刑一年，缓刑一年；被告人孙某犯强制侮辱罪，判处有期徒刑二年，缓刑二年。宣判后，没有上诉、抗诉。判决已发生法律效力。
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